Our Opinion: Kosel has right idea about sunshine in Illinois

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The State Journal-Register

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Posted Apr. 14, 2014 at 1:10 AM

Posted Apr. 14, 2014 at 1:10 AM

Illinois lawmakers are not shy about trying to change the state’s Freedom of Information Act — the law that enables citizens and taxpayers to gain access to documents and information about how government operates and spends money.

Unfortunately, not all of the changes lawmakers seek are good for the public.

In early 2010, after an overhaul of the state’s FOIA law, it was a matter of weeks before lawmakers began looking for ways to water it down. They sought to bar the release of performance reviews of teachers, school administrators, police officers and other public employees. They wanted to allow governmental bodies to charge the citizens more to gain access to public documents. They sought to eliminate a provision that allows citizens who successfully sue public bodies for violating FOIA to collect attorney fees.

Sadly, attempts to weaken Illinois’ sunshine laws continue.

For example, Sen. Bill Cunningham, D-Chicago, recently proposed legislation that would exempt 911 recordings from FOIA, saying they have no news value and amount to an invasion of privacy.

Cunningham, a former police spokesman, said he decided to introduce Senate Bill 3072 after hearing broadcasts of panicked 911 calls from the December 2012 Sandy Hook School shootings in Newtown, Conn.

“The thousands of media outlets that aired those recordings weren’t acting as government watchdogs trying to shed light on the conduct of law enforcement,” he was quoted as saying. “They were simply looking to create shocking program content in order to boost ratings and drive visits to their websites.”

It’s unclear how Cunningham knows so confidently what motivation the media had in airing those 911 recordings.

But there are valid reasons why 911 calls should be a matter of public record. They provide a level of accountability for emergency response workers who are supposed to serve the public but who also face a multitude of challenges in doing so. Allowing the public to hear 911 calls helps them gain a better understanding of emergency events, how they were handled and what, if any, policy changes need to occur as a result. In addition, taxpayers provide the money that supports 911 operations and most first responder agencies.

On the flip side, a different law pending at the Statehouse would strengthen the public’s right to know in Illinois. House Bill 3664, sponsored by Rep. Renee Kosel, R-New Lenox, would ban confidentiality clauses on settlement and severance agreements involving governmental bodies.

This is sunshine we can get behind.

The bill was prompted by outrage over a confidential $871,000 severance agreement negotiated between Chicago’s troubled Metra board and its former CEO Alex Clifford, who resigned last summer amid a patronage scandal that involved allegations that House Speaker Michael Madigan wielded influence over hiring at the commuter rail agency.

Just last week, Madigan spokesman Steve Brown released a letter indicating the legislative inspector general cleared Madigan of any wrongdoing and that the investigation is now closed.

Page 2 of 2 - But taxpayers were on the hook for Clifford’s severance package. And although they had to foot the bill, they were not privy to the details because the board agreed to a confidentiality clause that prohibited members or Clifford from discussing his separation or the details of the agreement.

“These clauses seem little more than ‘hush money’ to keep an outgoing employee quiet,” Kosel said in a post on her website.

Confidentiality clauses aren’t just a Chicago thing. They’re standard operating procedure for many public bodies.

The District 186 school board’s nearly $178,000 separation agreement with former superintendent Walter Milton last year included a confidentiality clause. The agreement eventually became public after The State Journal-Register obtained a copy through FOIA, but board members had to abide by the confidentiality agreement, former board president Susan White said at the time.

And in 2009 the University of Illinois Springfield paid $200,000 to a student to settle allegations of sexual impropriety involving a coach. The university resisted releasing the settlement agreement for two years, citing privacy concerns and other arguments, until the Illinois attorney general stepped in.

Kosel’s bill, which cleared the House unanimously last week, makes sense for Illinois taxpayers and government accountability. Cunningham’s, not so much.